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Any Tennessee Filers?? Help!!

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    Any Tennessee Filers?? Help!!

    I'm trying to complete my Ch7 paperwork so I can file Monday morning and I've run into an odd problem. On Sched C where you list exempt property, you have to specify the specific law that provides the exemption. The Nolo book says that for a Tennessee filing I should use 26-2-103 for the $4000 wildcard exemption and 26-2-104 for the personal clothing exemption. Another book I have says use 26-2-102 for the wildcard and 26-2-103 for clothing. Searching around on the net for Tennessee Bankruptcy Exemptions, I find references to both sets of numbers. I have absolutely no idea which is correct.


    I found the following at tennessee.gov:

    26-2-103. Personal property selectively exempt from seizure.
    Personal property to the aggregate value of four thousand dollars ($4,000) debtor's equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars ($4,000) debtor's equity interest.
    []

    26-2-104. Additional personal property absolutely exempt.]


    As you can see, one law specification is referenced in the header, but the other number appears in the footer. Should I just go with the one in the header? That's the one Nolo suggests.
    09/28/2009: Filed Chapter 7 (Pro Se)
    10/27/2009: 341 Meeting of Creditors
    12/28/2009: Last Day for Objections
    01/22/2010: DISCHARGED

    #2
    Originally posted by bktek View Post
    As you can see, one law specification is referenced in the header, but the other number appears in the footer. Should I just go with the one in the header? That's the one Nolo suggests.
    Sometimes the exemptions law for a state changes. You must make certain that (1) the NOLO book you are using is the most current version, and (2) that you search online for any indications that your state's exemptions may have changed since the NOLO book was published.

    The most current version of the Ch 7 NOLO book was published in October 2008 - http://www.nolo.com/products/how-to-...3A2CF0449.jvm1 . Does your book look like this? When was your book published?

    The latest version of the TN exemptions I can find online with the statute numbers associated with each exemption is here - http://www.thebankruptcysite.org/exe...tennessee.html . If your Ch 7 NOLO book is the most current version, how does this match up with what your NOLO book says?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I bought the NOLO pdf download. It's the same, though -- Fifteenth Edition, October 2008. And the exemptions on the link you posted agree with the NOLO, too. I think I'm going to go with those.

      I feel better now. Thanks for the help!
      09/28/2009: Filed Chapter 7 (Pro Se)
      10/27/2009: 341 Meeting of Creditors
      12/28/2009: Last Day for Objections
      01/22/2010: DISCHARGED

      Comment

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